Overview of a Criminal Case

Investigation

When a crime is reported, the police are responsible for conducting an investigation. After completing the investigation, the police may criminally charge an offender by arresting and booking the individual, issuing a criminal citation or submitting a charging request to the prosecuting attorney. If a report is submitted, the prosecuting attorney reviews the report and decides whether to charge an individual with a crime.

Filing of Criminal Charges

A criminal case begins when a charging document (a complaint, a citation, or information) is filed with the court against the defendant. The document sets forth the certain information about both the defendant and crime(s) that have been charged against the defendant. The prosecutor, not the crime victim, files and is in control of pursuing a conviction on the charges against the defendant.

A crime is a simple misdemeanor if the possible punishment does not exceed ninety days in jail. A crime is designated a gross misdemeanor if the possible punishment does not exceed one year in jail. A common gross misdemeanor is driving under the influence of intoxicating liquor and/or drugs (DUI). Misdemeanors and gross misdemeanors occurring in the City of Spokane are filed by the City in Spokane County District Court.

A crime is a felony if the possible punishment may exceed one year in prison. Prosecution of felonies which occur in Spokane is handled exclusively by the Spokane County Prosecutor's Office. These cases are filed in Spokane County Superior Court. If you have questions related to a felony, please call the Spokane County Prosecutor's Office at 509-477-3662.

First Appearance

If you are charged with a DUI, domestic violence assault or were arrested and booked into jail, you will have a first appearance hearing. The purpose of this hearing is to advise you of the charge(s) against you and to consider issues related to pretrial release, including bond, pretrial release conditions and the possible issuance of No Contact Orders in domestic violence cases.

Arraignment

One of the first hearings in a criminal case is the arraignment. At the arraignment, the defendant is formally informed of the charge(s) against him or her and is asked to enter a plea of guilty or not guilty. If the defendant pleads not guilty, the case will be set for a pre-trial hearing.

Pre-Trial Hearing

The next hearing is the pre-trial hearing. At the pre-trial hearing, the parties will ascertain whether they are ready for trial or whether the defendant will be pleading guilty. Other purposes of the pre-trial hearing are for the parties to file pre-trial motions and address any other pre-trial issues. In addition, this is the opportunity to make sure that discovery has been exchanged by both parties. Discovery is any information that is necessary for each party to prepare the case for trial. The purpose of this hearing is to make sure that everything is in order prior to going to trial.

Motion Setting / Hearing

This hearing is to ascertain what evidence will be presented to the jury at trial. Both parties may present testimony and/or argument regarding the motion and the judge will decide on the admissibility of the evidence. Typical motions include, but are not limited to, probable cause to arrest, suppression of statements, and time for trial (speedy trial) issues.

Trial

The length of a criminal trial can vary depending upon the nature of the charges, the number of witnesses, and numerous other factors. Since the prosecution has the burden of proof, the prosecution presents its evidence first. The defendant then may decide to present evidence but is under no obligation to do so. After closing arguments by the attorneys, the jury begins deliberations which continue until a verdict is reached. If the case is heard in front of a judge rather than a jury, then the judge will decide the verdict.

When the defendant is charged with a felony, the jury consists of 12 persons. For misdemeanors and gross misdemeanors, the jury is made up of six persons. In a criminal case, the jury must be unanimous in reaching a verdict.

Sentencing

In City of Spokane cases in the District Court, if the defendant is convicted, the judge may sentence the defendant immediately or, more typically, schedule a date for the defendant to return to be sentenced. Before imposing sentence, the judge will hear from the prosecution, the victim or representative of the victim, the defense attorney and the defendant.

Appeal

After imposition of sentence following a guilty finding at trial, a defendant may appeal a conviction and sentence. Appeals of misdemeanor and gross misdemeanor convictions are initially filed at the Superior Court. They may eventually be appealed to the Court of Appeals or the Supreme Court. The Washington State Supreme Court has discretion about whether to accept a case for review. The Supreme Court accepts only a small handful of the cases presented each year for its consideration. A defendant who enters a voluntary plea of guilty may not generally appeal either a finding of guilt or the sentence imposed by the court.

Treatment Review Hearings

As part of your sentencing you may be placed on probation with conditions requiring you obtain an evaluation and/or engage in rehabilitative treatment related to alcohol / drugs, anger management, domestic violence behavior, etc. The purpose of the treatment hearing is for the judge to review your case and to confirm that you are in compliance with your treatment obligations.

Probation Violation Hearings

At sentencing the judge may have ordered you to serve a period of probation, under conditions set by the judge. If there is an allegation that you have failed to comply with a condition of your probation, you may be ordered to return to court. You are entitled to be represented by legal counsel at this hearing.

At the hearing, you will be advised of the alleged violation(s) of the conditions of probations. You may stipulate (agree) to the fact of the violation, or you can contest the violation. If a violation is found by the judge, he or she can impose a range of sanction including the re-imposition of all previously suspended fines and jail time.

Right to Counsel

A person charged with a criminal offense has a right to an attorney at all critical stages of the proceeding. If you cannot afford to hire an attorney, you can ask that one be appointed to represent you at no cost to you. If you would like to apply for a Public Defender to represent you, you can ask the judge to do so at any time, or you can call the Spokane City Probation Department to apply for a Public Defender at 509-622-5800.